The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-08-30
MISUSE OF NOTARIAL POWER
Remarkable Features of J. S. Halls
Acknowledgement Of Voucher.
His Liability to Severe Punishment for Vio-
lating the Statutes Regulating the
Use of the Notarial Seal.

The original voucher upon which Mr.. Pierson
was allowed payment by the trustees of that in
stitution for the strawberries hs furnished the
Insane Hospital in June last. presents more
remarkable action the part OF j. S. Hall. 40
tary public. or some one acting for him in that
capacity, than in stating that the hospital owed
Mr.. Pierson SIG. Sc for '2852 gals strawberrie-.
S. r." Mr. Pierson signed the voucher. ac-
cording to his statement, in the presence OF
Mr.. Wilhelm, as J. S. Hall, the book and store
keeper not present The contractor for
strawberries. on leaving the hospital. met Hall
returning to it He asked Pierson to go back
and sign the voucher. 81 have already done
that said Person THAT is all right" replied
Hall and he drove on. But J. S. Halls name
appears to the notarial acknowledgements of the
Pierson signature which, was affixed to the fol-
lowing oath:
hereby swear that the foregoing bill of account is
and just and wholly unpaid; that the exact
consideration therein charged for received by the
said hospitals that the any part thereof has
not been since committed: and that neither bonus.
commits any other consider alton has been given
stipulated. within my knowledge belief because
of the exchange of value therein set FORTH
or for any other reason.
The Acknowledgement reads:
July, 1887. j. S. HALL No tary Public
[sEAL.l
If the notarial signature OF j. S. Hall is genu-
inc, he must have put it on the voucher after Mr..
Pierson left the hospital. after sent him
the road and after he. Hall. had returned TO
the institution. In fact the voucher not
legally acknowledged by Hall. and concerning an
of that kind the statutes have something to
say. Section 2022 reads. whoever. being
notary public other officer person,
authorized to administer oaths. certifes that any
person sworn affirmed before him to any
affidavit other instrument of writing when in
fact such person was not so affirmed or sworn,
shall be imprisoned in the State prison not more
than three years less than year and
fined not more than ono thousand dollars nor
less than ten dollars"
Mr. Hall NAV say that Wilhelm Acknowledged
the PIerson signature. In that event Mr.. Hall
will have to explain whore he gets his power to
transfer notarial authority. 1t is the opinion OF
the Attorney general that a notary cannot have
a deputy. that he cannot authorize any per
to make an dcknowl edgement and that the law
contemplates only one thing in this connection
that all acknowledgements must be made by
the notary himself and in tho presence of the
person signing the affidavit instrument.
There is sufficient difference between tho sigma
ture of j. s. Hall. notary. and j. S. Hall.
book and storekeeper. to warrant tho presump-
ton that somebody, without the authority of
law, wrote the former. eli Hail did not sign
the acknowledgements. and his name appears to
it, somebody has committed forgery" the At
torney- general says.
Mr.. Halls EXPLANATION may be that he signed
the voucher in blank before he left the hospital.
To such act that Section 2207 of the Revised
Statutes will apply. 1t is as follows: "If any
justice of the peace, notary public, or other Off
Ger authorized TO administer oaths or take &C.
knowled gements affxes his name any blank
form of affidavit certificate of acknowledge
menr of anv instrument proper to be acknowl-
edged and delivers the same so signed, to any
other person with intent that such blank form
shall be afterwards filled up and used as an Aft
davit or acknowledgements, such justice,
notary public other officer afore-
said, and such person filing
using such affidavit or ackn owled cement
shall be imprisoned in the State prison not
more than fourteen years nor less t11n two
years and fined not more than ST. 900 nor less
than So" Mr.. Hall can have the benefit of
either of the three explanations suggested he
may desire make, in face of the statement of
Mr.. Pierson that the notary not present.
when he signed the oath to the voucher that tho
quantity of strawberries delivered and the
amount due we're correct